Case Summary

P1624 REVIEW DENIED The trial court properly granted a preliminary injunction restoring petitioner's physician privileges without requiring him to post a bond because although C.C.P. § 529 requires successful applicants for preliminary injunctions to post bonds, Civil Code § 3513 permits parties to waive statutory rights intended solely for their own benefit; here, the hospitals and their staff associations waived the bond requirement by failing to raise the issue in a timely manner and by failing to oppose the physician's claim that no bond was required.

SMITH v ADVENTIST HEALTH SYSTEM/WEST (Injunction Bond) 182 CA4 729 [See CCP § 529; CivCode § 3513]